Allahabad High Court
M/S. SWADESHI CONSTRUCTION COMPANYversusAUNJANEY KUMAR SINGH, COMMISSIONER, MORADABAD DIVISION
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that the contempt application is not dismissed but the opposite party is given a further three months to comply with the earlier order, and no notice is required at this stage.
Summary
The High Court of Allahabad heard a contempt application filed by M/s. Swadeshi Construction Company against Aunjaney Kumar Singh for allegedly refusing to comply with the Court’s order dated 3‑December‑2025 in Civil Misc. Writ Petition No. 24256 of 2025. The order had been served on 24‑December‑2025, but the opposite party had not acted on it. The Court found a prima facie case of willful disobedience but, instead of issuing a notice, granted the opposite party an additional three months to comply from the date a certified copy of the order is produced. The Court directed the applicant to provide stamped envelopes for service of the order and contempt application, and directed the opposite party to comply and inform the applicant within a week thereafter. If compliance fails, the applicant may approach the Court again. The contempt application was therefore disposed of at this stage pending compliance.
Issues considered
- Does the opposite party's failure to comply with the order dated 3‑December‑2025 constitute contempt?
- Is it necessary to issue a notice before proceeding with contempt proceedings in this context?
Subjects
- contempt
- willful disobedience
- civil writ
- order compliance
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3016 of 2026
M/S. Swadeshi Construction Company
.....Applicant(s)
Versus
Aunjaney Kumar Singh, Commissioner,
Moradabad Division .....Opposite
Party(s)
Counsel for Applicant(s) : Ambikesh Kumar Sharma, Vimal
Srivastava
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicant.
2. The present contempt application has been filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
3.12.2025 passed by this Court in Civil Misc. Writ Petition No. 24256 of
2025.
3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 3.12.2025. Copy of the order was served through registered post on
24.12.2025 but till date the order of writ Court has not been complied
with.
4. Prima facie, a case has been made out for punishing the opposite party
for willful disobedience of the judgment and order passed in the aforesaid
writ petition.
5. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months further time to comply with the
order dated 3.12.2025 passed by this Court in Civil Misc. Writ Petition
No. 24256 of 2025 from the date of production of a certified copy of this
order.
6. The applicant shall supply a duly stamped registered envelope
CAPL No. 3016 of 2026
2
addressed to the opposite parties and another self-addressed envelope to
the office within two weeks from today. The office shall send a copy of
this order along with the self-addressed envelope of the applicant with a
copy of contempt application to the opposite parties within one week
thereafter and keep a record thereof.
7. The opposite party shall comply with the directions of the writ court
and intimate the applicant the order through the self-addressed envelop
within a week thereafter.
8. In case, the opposite party does not comply with the order, it would be
open to the applicant to approach this court again.
9. With the aforesaid observations, this application is finally disposed of
at this stage.
(Rohit Ranjan Agarwal,J.)
May 6, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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